Loading...
HomeMy WebLinkAbout11222Docusign Envelope ID: 8F1C5B22-66C5-8055-80B2-33FDOBBCE2C1 ORDINANCE NO. 11222 AN ORDINANCE AMENDING PUEBLO MUNICIPAL CODE SECTION 11-4-16 DISPOSITION OF IMPOUNDED ANIMALS WHEREAS, the Pueblo Municipal Code currently includes in Section 11-4-16 a provision that provides how animals that are impounded are handled; and WHEREAS, Humane Society of the Pikes Peak Region (HSPPR) is the contracted animal shelter for City; and WHEREAS, pursuant to the Pueblo Municipal Code, owners of impounded animals may pay a monetary bond that provides the cost of care of the animals but must continue to pay the bond while the animals are impounded; and WHEREAS, the Colorado Revised Statutes determine an animal is automatically considered abandoned when a bond is not paid, while the current Pueblo Municipal Code requires an order from the Municipal Court; and WHEREAS, City of Pueblo desires to prevent undue stress on animals waiting in a shelter longer than necessary when their owners do not post a bond, promote judicial economy, and prevent unnecessary costs, City of Pueblo modifies its ordinance to align with the practices set forth in the Colorado Revised Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SFCTION 1 Section 11-4-16 is hereby amended to read as follows: Sec. 11-4-16. - Disposition of impounded animals. (a) As soon as practical after the impoundment of any animal pursuant to Pueblo Municipal Code Sections 11-4-13, 11-4-14, 11-4-15, 11-4-21 or for the abatement of any nuisance provided for in this Chapter, notice of impoundment shall be posted in a conspicuous place at the Pueblo Animal Shelter for five (5) consecutive days. If the owner of the impounded animal can be determined by examination of the animal's vaccination tag or from other identifying tags or markings, immediate notice shall be given to such owner. (b) [Any impounded animal may be redeemed by the owner upon payment of the impound fee, care and feeding charges, veterinary charges, if any, and such other charges as periodically established by the City or designated Shelter Operator.] If the impounded animal has not been vaccinated and is required by the provisions of this Chapter to be so vaccinated, the owner shall not be given custody of the animal until steps are taken to so vaccinate the animal. Should a registered Doctor of Veterinary Medicine be unavailable to perform the vaccination, the owner may obtain a rabies voucher for the animal to be vaccinated at a later date and take the animal into his or her custody. Unless otherwise modified by resolution of the City Council or by the designated Shelter Operator, the redemption amounts identified herein shall be charged. [(1) Redemption amounts; impoundment. The redemption amount for charges associated with the impoundment of an animal is forty dollars ($40.00) for the first impoundment, fifty dollars ($50.00) for the second impoundment and seventy-five Docusign Envelope ID: 8F1C5B22-66C5-8055-80B2-33FDOBBCE2C1 dollars ($75.00) for the third impoundment and each impoundment thereafter within a twelve-month period. (2) Redemption amounts; daily care and feeding. The redemption amount for charges associated with the daily care and feeding of an impounded animal shall be as follows: a. Impounded but not quarantined dog, fifteen dollars ($15.00) per day; b. Impounded but not quarantined cat, fifteen dollars ($15.00) per day; C. Impounded and quarantined dog, twenty dollars ($20.00) per day; d. Impounded and quarantined cat, twenty dollars ($20.00) per day; and e. All other animals, fifteen dollars ($15.00) per day.] (c) If an animal is not redeemed within five (5) days after the receipt of notice by the owner or within five (5) days after impoundment if the owner cannot be determined, it shall be deemed abandoned and become the property of the Shelter Operator. Upon adoption of any animal eligible for adoption from the Shelter Operator, and payment of the adoption fee therefor, the animal shall be either spayed or neutered by a licensed veterinarian at the animal shelter, or the person adopting the animal shall execute a written agreement that the animal will be spayed or neutered within thirty (30) days of adoption and release. No animal adopted from the animal shelter shall be released without first having been spayed or neutered or before the written agreement is filed with the Shelter Operator. (1) Where an adopted animal is released pursuant to a written agreement to spay or neuter the animal, the person adopting the animal shall file, within thirty (30) days of the animal's release, proof of the fact that the animal has been spayed or neutered by submitting to the Shelter Operator a certification from the appropriate spay - neuter clinic, veterinarian, or other provider of such services. (2) In the event a person signs an agreement to spay or neuter an animal pursuant to this Subsection (c), it shall be unlawful and a Class 2 municipal offense for such person to fail to timely spay or neuter the animal pursuant to the agreement or to fail to timely file proof of such fact with the Shelter Operator. (3) In the event a person signs an agreement to spay or neuter an animal pursuant to Paragraph (2) above and such person fails to timely file proof of the fact that the animal has been spayed or neutered, the Animal Control Officer may petition the Municipal Court to order the seizure and impoundment of the animal. (d) Reserved. (e) The Shelter Operator shall establish a spay/neuter program in order to implement the spaying or neutering of animals from the Shelter Operator in accordance with Subsection (c) of this Section. The program shall provide for the following minimum requirements: Docusign Envelope ID: 8F1C5B22-66C5-8055-80B2-33FDOBBCE2C1 (1) Any licensed veterinarian shall be permitted to participate in the program by agreeing to perform spay/neuter procedures upon animals adopted from the Shelter Operator. (2) Spay/neuter procedures shall be performed in accordance with recognized practice of veterinarians and according to the standard of care in effect for such procedures in this region. (3) No participating veterinarian shall have any claim against the City for compensation for services, fees, equipment or supplies, or for damages or injury to persons or property, arising from or related to the performance of spay/neuter procedures upon animals located at or transported or adopted from the Pueblo Animal Shelter, unless such veterinarian has a duly authorized contract therefor with the City and such claim is made in accordance with the terms of said contract. For purposes of this Subsection, the Shelter Operator shall not be deemed an agent of the City. Nothing in this Subsection is intended to prohibit, impair, affect, or modify any provision in any agreement between a veterinarian and any nonprofit corporation acting as Shelter Operator. (f) Nothing in this Section shall be construed so as to hold the City, the Shelter Operator, nor the officers or agents of either, responsible for any damage to persons or property for any action taken in connection with the administration and enforcement of this Chapter. (g) No person, or group of persons residing in the same household, may adopt from the Pueblo Animal Shelter more than four (4) animals in any one (1) calendar year. [(h) Within ten (10) days of the impoundment of any animal pursuant to Pueblo Municipal Code Section 11-4-13, 11-4-14, or 11-4-21, the redemption costs associated with the first thirty (30) days of impoundment are due. Thereafter, costs of care are due every subsequent thirty (30) days, unless the animal is abandoned by the owner or voluntarily surrendered to the Pueblo Animal Shelter. In the event an animal is returned to the owner before the end of a thirty (30) day period, the Shelter shall refund the redemption costs for the time the animal was not impounded. Should the owner of an animal fail to pay any amount due under this Subsection, the Municipal Court may order the owner to pay said amounts through an order for restitution, declare the animal abandoned, or both order restitution and declare the animal's abandonment.] M The owner or custodian of an animal that has been impounded by an impound agency because of alleged neglect or abuse or because of investigation of charges of cruelty to animals pursuant to section 11-4-21; quarantine of animals pursuant to section 11-4-13; or ownership of dangerous animals or potentially dangerous animals pursuant to 11-4-14, may prevent disposition of the animal by an impound agency by filing a payment for impoundment, care, and provision costs with the court in an amount determined by the impound agency to be sufficient to provide for the animal's care and provision at the impound agency for at least thirty days, including the day on which the animal was taken into custody. To the extent practicable, within seventy-two hours after an impoundment described under subparagraph (1) of this paragraph (h), upon request from the owner or custodian of the impounded animal, the impound agency shall allow a licensed veterinarian of the owner's or custodian's choosing and at his or her expense to examine the animal at a time and place selected by the impound Docusign Envelope ID: 8F1C5B22-66C5-8055-8OB2-33FDOBBCE2C1 agency, which examination may include taking photographs of the animal and taking biological samples for the purpose of diagnostic testing. The owner or custodian must file the payment: a. Within ten (10) days after the animal is impounded; or b. If the owner or custodian requests a hearing pursuant to paragraph (3) of this subsection (h), in accordance with subparagraph (c) of paragraph (3) of this subsection (h). a. Within ten days after the date of impoundment, the owner or custodian may request a hearing in Municipal Court. The owner or custodian must provide notice to the impounding agency of his or her request for a hearing before close of business on the day the request is made. If the owner or custodian requests a hearing, the court shall hold the hearing within ten days after the request is made. b. At the hearing, the court shall determine, as appropriate: 1. Whether there was sufficient probable cause for the impoundment; and 2. If the court finds probable cause for impoundment existed and the owner or custodian elects not to pay the reasonable impoundment, care, or provision costs to prevent disposition, release of the animal to the impound agency for disposition. C. A warrant issued by any court of competent jurisdiction, including but not limited to Municipal Court, authorizing seizure of the impounded animal constitutes prima facie evidence of sufficient cause for impoundment. d. If probable cause is found at a hearing conducted under this paragraph (3), the owner or custodian shall file payment for costs within twenty-four (24) hours to the shelter. Failure to pay in the time allotted will result in the animal being considered abandoned and the impounding agency may determine disposition of the animal unless there is a court order prohibiting disposition. (4) At the end of the time for which expenses are covered by an initial or any subsequent impoundment, care, and provision payment: a. If the owner or custodian desires to prevent disposition of the animal, the owner or custodian must file a new payment with the court within ten days prior to the previous payment's expiration. b. If the owner or custodian has not timely filed an additional Payment for impoundment, care, and provision costs, the impound agency may determine disposition of the animal and the animal is abandoned, unless there is a court order prohibiting disposition. The owner or custodian is liable for any additional costs for the care of, provision for, or Docusign Envelope ID: 8F1C5B22-66C5-8055-8OB2-33FDOBBCE2C1 disposal of the animal. a. Failure to pay the impoundment, care, and provision costs pursuant to this section results in the forfeiture of the right to contest those costs and any ownership rights to the animal in question. b. Any animal that is not claimed by its owner within five days after being eligible for release from impoundment for investigation of a charge of ownership of dangerous animal as described in section 11-4-14 is deemed abandoned and may be disposed of as the impound agency deems proper. C. If, in the opinion of a licensed veterinarian, an impounded animal is experiencing extreme pain or suffering or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be euthanized without a court order. a. In the event an animal is returned to the owner before the end of a thirty (30) day period, the Shelter shall refund the redemption costs for the time the animal was not impounded. b. With respect to the sale of an animal, the proceeds are first applied to the costs of the sale and then to the expenses for the care of and provision for the animal during impoundment and the pendency of the sale, including expenses incurred by the impound agency that have not been paid by the owner or custodian. If the owner of the animal is convicted of cruelty to animals under section 11-4-21, or ownership of a dangerous animal under section 11-4-14, or is found by court order to have mistreated, neglected, or abandoned the animal under article 42 of title 35, C.R.S., the remaining proceeds, if any, are paid to the impound agency. If the owner of the animal is not convicted of such charges or is not found by court order to have mistreated, neglected, or abandoned the animal, the impound agency shall pay over the remaining proceeds, if any, to the owner of the animal. C. If the owner of the animal cannot be found, the court shall pay any remaining proceeds after all other expenses have been paid to the impound agency. An owner claiming the remaining proceeds must make the claim within one year after the payment of the proceeds to the impound agency. A claim not so presented to the court is forever barred unless the court, by proper order made in any case, otherwise decrees. An impound agency shall pay to the claimant any refund ordered by court decree. M Payment of redemption amounts including bonds and impounding fees are made to the shelter directly. (h) M Redemption amounts; impoundment. The redemption amount for charges associated with the impoundment of an animal is forty dollars ($40.00) for the first impoundment, fifty dollars ($50.00) for the second impoundment, and Docusign Envelope ID: 8F1C5B22-66C5-8055-80B2-33FDOBBCE2C1 seventy-five dollars ($75.00) for the third impoundment and each impoundment thereafter within a twelve-month period. (2) Redemption amounts; daily care and feeding. The redemption amount for charges associated with the daily care and feeding of an impounded animal shall be as follows: a. Impounded but not quarantined dog, fifteen dollars ($15.00) per day; b. Impounded but not quarantined cat, fifteen dollars ($15.00) per day; C. Impounded and quarantined dog, twenty dollars ($20.00) per day, d. Impounded and quarantined cat, twenty dollars ($20.00) per day; and e. All other animals, fifteen dollars ($15.00) per day. (i) Nothing in this section prevents the impounding agency or any entity or victim from requesting from the Municipal Court an order of Restitution. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective thirty (30) days following final passage. Introduced and initial adoption of Ordinance by City Council on June 22, 2026. Final adoption of Ordinance by City Council on July 13, 2026. Docusignedby: auff President of I yT ouncll Docusign Envelope ID: 8F1C5B22-66C5-8055-80B2-33FDOBBCE2C1 Action by the Mayor: 1� Approved on 07/15/2026 ❑ Disapproved on based on the following objections: 'L �n y: C4 G�k wu` taY Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. ❑ Ordinance re -adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST Signed by: PtUt t •F@QB�88E�4Fb... Deputy City Clerk Docusign Envelope ID: 8F1C5B22-66C5-8055-8OB2-33FDOBBCE2C1 City Clerk's Office Item # S9 W PUEBLO is Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 13, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Elizabeth Drake, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING PUEBLO MUNICIPAL CODE SECTION 11- 4-16 DISPOSITION OF IMPOUNDED ANIMALS RIIMMORY• Attached for consideration is a modification to Pueblo Municipal Code amending Section 11-4-16 to clarify the procedure for release of impounded animals and aligning said procedures to those of the Colorado Revised Statutes. PREVIOUS COUNCIL ACTION: This ordinance was originally enacted in 1981; it has been modified several times over the years, the most recent being in 2021. BACKGROUND: Pueblo Municipal Code ("PMC") requires the Humane Society of the Pikes Peak Region ("HSPPR") and animal owners to follow certain procedures when an animal is impounded. An owner retains ownership of their impounded animal. Owners are responsible for the costs incurred by HSPPR for the care of their animal while it is impounded. Generally, owners must pay these "redemption costs" when they pick up their animal from HSPPR. In certain circumstances, animals must be held for extended periods of time pending the resolution of the owner's municipal court case. In these cases, the Pueblo Municipal Code requires the first thirty days of care or "redemption costs" be paid within ten (10) days of impoundment. Thereafter, the costs of care are due every subsequent thirty (30) days, unless the animal is abandoned by the owner or voluntarily surrendered. If the animal is returned to the owner before the end of a thirty (30) day period, HSPPR must refund the unused portion of the redemption costs to the owner. Under the PMC as currently written, if an owner fails to pay the costs of care when due, Docusign Envelope ID: 8F1C5B22-66C5-8055-80B2-33FDOBBCE2C1 the Municipal Court may order the animal(s) abandoned and/or the owner to pay the cost of care to HSPPR through restitution. This process requires the animal(s) to remain impounded for the time it takes HSPPR to move the Court for the abandonment order, the owner/defendant to respond, and the Court to hold a hearing, as necessary. During this time, additional costs continue to accrue and the animal suffers unnecessary stress. For these reasons, the attached ordinance is proposed to align the PMC to State law, which allows the Court to order animals abandoned automatically upon nonpayment of costs of care when due. An automatic finding of abandonment also allows HSPPR to more efficiently and effectively provide veterinary care for animals and to foster and adopt animals to eligible homes. Any costs not paid can still be recovered by HSPPR through restitution, but the animal(s) would not suffer during that process. This proposed change would align P.M.C. to the state ordinance, reducing the time animals are held in impound; thus, reducing stress on the animals, saving unnecessary expenses and reducing court processes. FINANCIAL IMPLICATIONS: This modification is anticipated to help reduce the strain of resources on our Animal Services including cost of care that may not be paid. BOARD/COMMISSION RECOMMENDATION: Staff and HSPPR recommend adoption of the Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, HSPPR will have heightened costs of care for animals that are in their care, and the animals will be placed under additional strain. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Ordinance